TMI Blog2014 (5) TMI 453X X X X Extracts X X X X X X X X Extracts X X X X ..... factory and the same has been used for the manufacture of their final product is not in dispute. Therefore, in the light of the judgement in the case of Teletube Electronics Ltd. (2013 (9) TMI 932 - ALLAHABAD HIGH COURT) wherein the Hon'ble High Court of Allahabad held that if the goods on which duty has been paid were removed from the factory premises either for the shortage of space or that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in appeal against the impugned order for denying the CENVAT credit taken by them on the goods. The Revenue is also in appeal against the impugned order for dropping the penalty imposed on the assessee by the learned Commissioner. 2. Brief facts of the case are that the assessee are manufacturer of excisable goods. During the course of investigation, it was found that some inputs were cleared ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authority confirmed the demand along with the interest and also imposed a mandatory penalty of equivalent amount under Section 11AC of the Central Excise Act, 1944. On appeal before the learned Commissioner (Appeals) the demand was confirmed, interest and penalty was waived. Against the impugned order, both the parties are in appeal. 4. The learned Counsel appearing for the assesses submit that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 2002. Further, at the time of investigation the same has not been recorded in their statutory records therefore, they are not entitled for the credit. 6. Considered the submissions made by both the sides. 7. The fact that these inputs were later-on received back by the assessee in their factory and the same has been used for the manufacture of their final product is not in dispute. Therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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